S.Surya vs The Deputy Superintendent Of ...
2021 Latest Caselaw 17508 Mad

                                                                             CRL.A.No.390 of 2021


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS


                                                DATED: 26.08.2021

                                                      Coram:

                             THE HONOURABLE MR. JUSTICE P.VELMURUGAN

                                          Criminal Appeal No.390 of 2021

                      1.S.Surya
                      2.K.Saminathan              ...Appellants/Petitioners/Accused A1 & A2
                                                       Vs.
                      1.The Deputy Superintendent of Police
                        Perundurai Sub -Division
                        Perundurai
                        Erode District

                      2.The Sub Inspector of Police
                        Kodumudi Police Station
                        Erode District
                        (Crime No.460 of 2020)              ...Respondents/Complainant

                      Prayer :    Criminal Revision filed under Section 14A(ii) of the
                      Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act,
                      1989, praying to set aside the order dated 10.08.2021 made in
                      Crl.M.P.No.1309 of 2021 on the file of the Principal District and Sessions
                      Judge, Erode and to enlarge the Appellants on bail in Spl.S.C.No.6 of
                      2021 in Crime No.460 of 2020 on the file of the respondent police.

                                  For Appellants            : Mr.M.Vignesh
                                                              for Mr.C.S.Saravanan
                                  For Respondent            : Mr.S.Sugendran
                                                              Government Advocate (Crl. Side)



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                                                                               CRL.A.No.390 of 2021


                                                    JUDGMENT

(The case has been heard through video conference)

The Criminal appeal has been file against the order dated

10.08.2021 made in Crl.M.P.No.1309 of 2021 on the file of the Principal

District and Sessions Judge, Erode, and to enlarge the Appellants on bail

in Spl.S.C.No.6 of 2021 in Crime No.460 of 2020 on the file of the 2 nd

respondent police.

2. The respondent police registered a case against the appellants and

other accused in Crime No.460 of 2020 for the offences punishable under

Sections 449 and 302 IPC and also under Sections 3(2)(v) of SC/ST

(Prevention of Atrocities) Amendment Act 2015. Thereafter, the

respondent police investigated the matter and laid charge sheet and the

designated Court taken cognizance of the charge sheet in Spl.S.C.No.6 of

2021. Subsequently, the appellants filed a petition in Crl.M.P. No.1309

of 2021 seeking for bail before the designated Court and the same was

dismissed by order dated 10.08.2021. Challenging the said order, the

appellants have filed the present appeal before this Court.

http://www.judis.nic.in CRL.A.No.390 of 2021

http://www.judis.nic.in CRL.A.No.390 of 2021

3. The learned Counsel for appellants would submit that the

investigation has already been completed and the charge sheet has been

filed and the same has been taken on file in Spl.S.C.No.6 of 2021 and

now the case is posted for framing of charges. He would further submit

that the appellants are suffering incarceration for more than the statutory

period from 14.11.2020. Hence, he would pray that the appeal may be

allowed and the appellants are prepared to abide by any stringent

conditions.

4. Mr.S.Sugendran, learned Government Advocate (Crl. Side)

would submit that the charge sheet has been filed and the same has been

taken up on file in Spl.S.C.No.6 of 2021 and the case is at the stage of

framing of charges. He would further submit that the appellants have

previous cases of like nature and if they are released on bail, there is

every possibility of the appellants getting abscond and protract the trial

and they may also commit similar type of offence. Hence, he would

strongly object and submit that the appeal may be dismissed.

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5. Heard the learned Counsel for the appellants and the learned

Government Advocate (Crl. Side) appearing for the respondent police and

perused the materials on record.

6. Perusal of records shows that the appellants are arrayed as A1

and A2 in Spl.S.C.No.6 of 2021 and the case is posted for framing of

charges. As contended by the learned Government Advocate (Crl. Side),

the appellants have involved in previous cases of like nature and the same

is also pending. Considering the serious nature of offence and also the

antecedents of the appellants, this Court is not inclined to grant bail to the

appellants.

7. The Designated Court is directed to frame charges in

Spl.S.C.No.6 of 2021 as early as possible and after completing the

formalities, conclude the trial within a period of 4 months from the date

of receipt of copy of this order.

http://www.judis.nic.in CRL.A.No.390 of 2021

8. With the above observations, this Criminal Appeal is dismissed.

26.08.2021 dsn/ksa-2

To

1. The Principal District and Sessions Judge, (Designated Court) Erode

2.The Deputy Superintendent of Police Perundurai Sub -Division Perundurai Erode District

3.The Sub Inspector of Police Kodumudi Police Station Erode District

4.The Public Prosecutor Officer, High Court, Madras.

5.The Section Officer, Criminal Section, High Court, Madras.

http://www.judis.nic.in CRL.A.No.390 of 2021

P.VELMURUGAN, J

ksa-2

Criminal Appeal No.390 of 2021

26.08.2021

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